Legal Opinion
City of New York v. Draper
New York Supreme Court
Decided October 10, 1951PublishedCited by 4 opinions
1Opinion of the CourtSwezey, J.
Defendant moves to dismiss the complaint herein on the grounds (1) that it is legally insufficient, and (2) that defendant is not a proper party.
Under our practice misjoinder or nonjoinder of parties is no cause for dismissing an action. “ New parties may be added or substituted and parties misjoined may be dropped by order of the court at any stage of the cause as justice may require.” (Civ. Prac. Act, § 192.) “ The objection that there is a nonjoinder or misjoinder of parties shall be raised by a motion to add or drop parties.” (Rules Civ. Prac., rule 102.) Accordingly, the second ground…
2Cases cited5 opinions
- Decker v. . GardnerNew York Court of Appeals · 1891
- Maddux v. Gardner and MarbleMissouri Court of Appeals · 1945
- Gourley v. WhamCourt of Appeals for the Seventh Circuit · 1941
- Oklahoma v. TexasSupreme Court of the United States · 1924
- Martin v. Forrey, Rec.Indiana Court of Appeals · 1935
3Cited by4 opinions
- Carruthers v. Jack Waite Mining Co.New York Court of Appeals · 1953
- United States v. DoriganDistrict Court, E.D. New York · 1964
- Cash v. DiamondCity of New York Municipal Court · 1955
- Hisey v. Reading Co., Pennsylvania Court of Common Pleas, Delaware County1972